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RA 6235: An Act Prohibiting Certain Acts Inimical to Civil Aviation, and for Other Purposes (Anti-Hijacking law)

Acts Punishable:
1. Usurping or seizing control of an aircraft of Questions:
Philippine registry while it is in flight, compelling Q: What are the necessary requisites before the Anti
the pilots thereof to change the course or Hijacking Law or R.A. 6235 may apply?
destination of the aircraft (Sec. 1); A: The aircraft must be of Philippine registry and it
2. Usurping or seizing control of an aircraft of must be in flight.
foreign registry while within Philippine territory,
compelling the pilots thereof to land in any part Q: When is an aircraft considered in flight?
of the Philippine territory (Sec. 1); A: An aircraft is considered in flight from the moment
3. Carrying or loading on board an aircraft all exterior doors are closed following the
operating as a public utility passenger aircraft embarkation until such time when the same doors are
in the Philippines, any flammable, corrosive, again opened for disembarkation.
explosive, or poisonous substances (Sec. 3); Note: This means that there are passengers that
boarded. The aircraft shall be deemed to be already
Shipping, loading or carrying in flight even if its engine has not yet been started.
of any substance or material
mentioned in the preceding Q: If the aircraft is of Philippine registry but it is not in
section in any cargo aircraft flight and any of the four circumstances mentioned
operating as a public utility under R.A. 6235 is committed, what law applies?
A: The AntiHijacking Law will not apply and the acts
within the Philippines shall be
will be punished accordingly under the RPC or the
in accordance with regulations applicable special penal laws. The correlative crime
issued by the Civil Aeronautics may be one of grave coercion or grave threat. If
Administration (Sec.4) somebody is killed, the crime is homicide or murder,
as the case may be.
Penalties:
1. Violation 1 or 2: Q: If the aircraft is of foreign registry, is it required that
a. by 12 years to 20 years imprisonment; or it is in flight before R.A. 6235 applies?
b. by a fine of P20,000 to P40,000 A: No, because aircrafts of foreign registry are
2. Violation 1 or 2, qualified: considered in transit while they are in foreign
a. by 15 years of imprisonment to death; or countries.
b. by a fine of P25,000 to P50,000
Q: Is there hijacking in the attempted stage?
Qualifying circumstances: A: No. R.A. 6235 is a special law where the
1. Firing upon the pilot, attempted stage is not punishable.
member of the crew, or
passenger; Q: In the course of the hijacking, a passenger or
complement was shot and killed. What crime or
2. Exploding or attempting
crimes were committed?
to explode any bomb or A: The crime remains to be a violation of the Anti
explosive to destroy the Hijacking law, but the penalty thereof shall be higher
aircraft; and/or because a passenger or complement of the aircraft
3. Murder, homicide, had been killed. The crime of homicide or murder per
se is not punished.
3. Violation 3:
a. by 5 years to 10 years imprisonment; or Bar Examination Question (2013):
b. by a fine of P10,000 to P20,000 Compelling the pilot of an aircraft of Philippine
Registry to change its destination is ________.
Death, injury to persons, or (0.5%)
damage to property A. grave coercion
resulting from this violation B. a violation of the Anti-Hijacking Law or R.A.
shall hold the offender liable No. 6235
C. grave threats
in accordance with the
D. a violation of the Human Security Act of 2007
or the Anti-Terrorism Law
E. All of the above.